§ 1. General provisions
(1) OptAk GmbH, Hans-Böckler-Str. 7, 91301 Forchheim, Germany ("OptAk") offers customers (consumers and businesses) services in the field of ophthalmic optics, in particular ophthalmic optics seminars both online and requiring in-person attendance.
(2) Unless otherwise agreed, the following provisions apply to contracts between OptAk and the customer. The applicable version is the one which was valid when the contract was entered into. Where the terms and conditions of purchase of commercial customers are at variance to our terms and conditions of business, the customer's terms will only be valid if they have been acknowledged by OptAk.
(3) A consumer is a natural person who enters into a legal transaction for purposes which are predominantly outside his/her independent trade, business or profession. A business is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his/her or its trade, business or profession.
§ 2. Concluding contract in online shop, reservation of delivery
(1) Unless otherwise stated, the products and services listed in the online shop are not binding offers to enter into a contract; on the contrary, they are an invitation to the customer to submit OptAk with a binding offer to enter into a contract.
(2) By placing an order in the online shop, the customer makes a binding offer to enter into a contract. If OptAk provides the customer with confirmation that it has received this order, this does not mean that OptAk has accepted the order; however, confirmation of receipt may be coupled with the declaration of acceptance. OptAk has the right to accept the customer's offer to enter into a contract within seven working days of receipt. If OptAk accepts this offer, it will do so by providing the customer with an express notification to this effect. Otherwise the customer will no longer be bound to the order.
§ 3. Prices, terms of payment
(1) All prices listed in the offers are final prices, i.e. they contain all price components including any applicable taxes.
(2) Invoices can be sent electronically. Unless otherwise agreed, the customer must pay all amounts within 10 days of receiving the invoice; the date on which the amount is credited to OptAk's account will determine whether payment is on time.
(3) Where the customer is a business, default interest of eight percentage points above the base interest rate will be payable from the 14th day after payment is due and receipt of the invoice.
§ 4. Seminar terms
(1) Unless otherwise agreed in an individual case, seminar fees include all necessary services. Where the seminar participant is required to attend in person – unless otherwise agreed – food, drinks for consumption during the seminar and the use of seminar documents are included in the fees.
(2) Unless otherwise agreed, the exact content of the services provided, the date and time of classroom seminars and the seminar fees are as shown in the list of seminars which is applicable when the contract is concluded.
(3) The minimum number of participants for classroom seminars is 10. OptAk reserves the right not to hold a seminar if the minimum number of participants is not reached, in which case the participant will be informed in good time and the seminar fee will be refunded.
(4) OptAk reserves the right to change the services to be provided and/or the seminar frame conditions if this can be reasonably expected of the participant, for example technical modifications which do not jeopardise the seminar target for the participant.
§ 5. Withdrawal, no-show
(1) Participants can allow a third party to attend in their place right up until the seminar begins, in which case the participant must inform the seminar organiser without undue delay.
(2) Participants may cancel attendance of a classroom seminar up to 4 weeks before the seminar date.
(3) Where a participant cancels after the time stated in (1) and up to five days before the seminar begins, OptAk may withhold 50% of the attendance fee. If a participant cancels after the time stated in sentence (1) or if a participant fails to attend without giving prior notice, the full attendance fee must be paid; the participant is not entitled to a refund (of part) of the attendance fee. Notwithstanding sentences 1 and 2, the participant is entitled to have the full attendance fee refunded if someone on the waiting list can attend instead or if the attendance fee is paid by a third party who has been granted the right to attend instead of the original participant as described in (1).
(4) Cancellation must be made in "text form" (e.g. by e-mail, by letter). The deadlines stated in (2) and (3) end at 24:00 hours on the last day of the period. Saturday is deemed to be a working day.
(5) The above paragraphs have no effect on the statutory right of each party to withdraw for good cause.
§ 6. Liability
(1) OptAk will be liable for losses arising from injury to life, the body or health which are attributable to an intentional or negligent breach of duty on the part of OptAk, its legal representatives or vicarious agents. OptAk will also be liable for guarantees which it has furnished and also for losses which fall within the scope of mandatory statutory requirements such as the German Product Liability Act (Produkthaftungsgesetz). Irrespective thereof, OptAk will be liable for other losses which are attributable to an intentional or grossly negligent breach of duty and fraudulent intent on OptAk's part or on the part of its legal representatives or vicarious agents.
(2) OptAk will be liable for losses caused by simple negligence which do not fall within the scope of sentences (1) and (2) where that negligence arises from a breach of contractual duties, fulfilment of which is a prerequisite for execution of the contract and which the buyer can normally expect to be fulfilled ("cardinal duty"); however, liability to business customers is limited to average foreseeable direct losses typical of the type of contract, thus ruling out in particular indirect losses (e.g. lost profit) and consequential losses. The liability for losses suffered by business customers is limited to three times the value of the shipment.
(3) OptAk will not accept any liability over and above this irrespective of the legal nature of the claim asserted.
§ 7. Final provisions
(1) The laws of the Federal Republic of Germany will apply. Consumers who do not enter into the agreement for professional or commercial purposes are only subject to this choice of law insofar as it does not remove the protection afforded to consumers by mandatory protective provisions of the law of the state in which the consumer has his/her usual place of residence.
(2) If the customer is a business, legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract will be OptAk's domicile. The same will apply if the customer does not have a general place of jurisdiction in Germany or if the customer's habitual place of abode is not known at the time that action is brought. This has no effect on the right to bring action at a different place of jurisdiction.